Judicial Review (Past Projects)

Tag cloud

Hide tags

Committee:

Recommendation 2013-4 – Administrative Record in Informal Rulemaking offers best practices for agencies in the compilation, preservation, and certification of records in informal rulemaking, and it supports the judicial presumption of regularity for agency administrative records except in certain limited circumstances.  

Citation: Admin. Conf. of the U.S.,...

Committee:

Recommendation 2021-5, Clarifying Statutory Access to Judicial Review of Agency Action  urges Congress to enact a cross-cutting statute that addresses certain recurring technical problems in statutory provisions governing judicial review of agency action that may cause unfairness, inefficiency, or unnecessary litigation. It also offers...

Committee:

Recommendation 2011-1 – Legal Considerations in e-Rulemaking provides guidance on issues that have arisen in light of the change from paper to electronic rulemaking procedures. It recommends that agencies (1) consider using content analysis software to reduce the need for agency staff to spend time reading identical or nearly identical comments, (2) provide timely,...

Committee:

Recommendation 2012-6 – The Need to Reform 28 U.S.C. § 1500 urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a plaintiff has claims against the government based on substantially the same operative facts pending in another court, and replace it with a provision that would create a presumption that in such...

Committee:

Recommendation 2011-2 – Rulemaking Comments recognizes innovations in the commenting process that could promote public participation and improve rulemaking outcomes. The recommendation encourages agencies (1) to provide public guidance on how to submit effective comments, (2) to leave comment periods open for sufficient periods, generally at least 60 days for...

Stage:

Based on a survey of the entire United States Code, the Sourcebook (available here) comprehensively analyzes more than 650 statutory provisions that govern how federal courts review agency rules and orders. Topics include the availability of review, choice of court, administrative...

Committee:

Recommendation 2016-3 – Special Procedural Rules for Social Security Litigation in District Court encourages the Judicial Conference of the United States to develop a uniform set of procedural rules for cases under the Social Security Act in which an individual seeks district court review of a final administrative decision of the Commissioner of Social Security...

Stage:

The Social Security Administration (SSA) engaged the Office of the Chairman to conduct an independent study of federal court review in social security disability insurance and supplemental security income cases. The project consultants:

  • Reviewed and analyzed the Social Security Act, as well as SSA’s implementing regulations, policies, and practices for adjudicating claims under...